Michigan high court upheld lower court verdicts in favor of insurer, that refused to pay PIP benefits to insured who suffered injury from a defective heater when sleeping in a camper on his pickup. Vehicle was not in use as a motor vehicle, so coverage did not apply.

Topic

Insurance

Key Words

Personal Injury Protection, Motor Vehicle Use

C A S E S U M M A R Y

Facts

McKenzie suffered from nonfatal asphyxiation from a propane heater while sleeping in a camper attached to his pickup truck. He filed for PIP benefits to cover his medical expenses. Insurer refused to pay, claiming that the camper was not being used "as a motor vehicle" at the time the injury occurred. Court of appeals affirmed; McKenzie appealed.

Decision

Affirmed. The injury did not arise out of the use of a motor vehicle "as a motor vehicle," so PIP benefits did not apply. At the time of the injury, the camper was used as sleeping accommodations, not as a motor vehicle.